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HomeMy WebLinkAbout03-03 RESOLUTION• •• •s RESOLUTION NO. 03-03 A RESOLUTION TO CREATE A BOARD OF TRUSTEES TO ADMINISTER THE FAYETTEVILLE MUNICIPAL JUDGE AND MUNICIPAL COURT CLERK RETIREMENT FUND WHEREAS, Arkansas Code Annotated §24-8-401 and §24-8-408 require the creation of a Board of Trustees in cities in a county having a population of one hundred fifty thousand (150,000) or more to administer a municipal Judge and municipal court clerk retirement fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby establishes the statutorily required Board of Trustees of the Fayetteville Municipal Judge and Municipal Court Clerk Retirement Fund whose Board shall consist of the Mayor, the City Clerk, the Municipal Judge (now District Judge of Fayetteville), the City Health Officer (when appointed), and City Treasurer (when appointed or elected). Section 1. That the Board of Trustees of the Municipal Judge and Municipal Court Clerk Retirement Fund shall meet and organize itself forthwith, elect one of its members as chair and comply with all statutory requirements found within Subchapter 4 of Chapter 8 of Title 24 of the Arkansas Code. PASSED and APPROVED this the 7m day of January, 2003. ATTEST: By: yoHer Woodruff, City Clerk 4 APPROVED: By NAME OF FILE: CROSS REFERENCE: Item # Date Resolution No. 03-03 Document • 1 01/07/03 Resolution No. 03-03 2 12/09/02 Staff Review Form w/attachments: Draft resolution Letter dated 8/29/02 to Dan Coody from Judge Rudy Moore, Jr. 3 02/07/03 Memo to Kit Williams NOTES: FAYETTE'SILLE MR Orr OF IAT1IT.VIa1 ARKANSAS • DEPARTMENTAL CORRESPONDENCE • To: Kit Williams City Attorney From: Clarice Buffalohead-Pearman� Sr Secretary Date: 2/7/2003 Re: Res. No. 03-03 Attached please find an executed copy of the above resolution passed by the City Council January 7, 2003 creating a Board of Trustees to administrate the District Court Judge and Court Clerk Retirement Fund. The resolution will be microfilmed and filed in the city clerk's office. If anything else is needed please Id the city clerk's office know. /cbp cc: Nancy Smith, Internal Auditor • STAFF REVIEW FORM • _X_ AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW FOR: COUNCIL MEETING OF January 7, 2002 MAYOR'S APPROVAL FROM: Kit Williams City Attorney Legal Name Division Department ACTION REQUIRED A Resolution To Create a Board of Trustees to Administer The Fayetteville Municipal Judge And Municipal Court Clerk Retirement Fund COST TO CITY: Cost of this Request Account Number Project Number BUDGET REVIEW: Category/Project Budget Category/Project Name Funds Used to Date Budget Coordinator Remaining Balance Budgeted Item Program Name Fund Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: Purchasing Officer Date GRANTING AGENCY: Internal Auditor Date ADA Coordinator Date STAFF RECOMMENDATION: Division liead Department Director Date Date CROSS REFERENCE New Item: Yes No Previous Ordinance/Resolution No.: • • RESOLUTION NO. A RESOLUTION TO CREATE A BOARD OF TRUSTEES TO ADMINISTER THE FAYEI IEVILLE MUNICIPAL JUDGE AND MUNICIPAL COURT CLERK RETIREMENT FUND WHEREAS, Arkansas Code Annotated §24-8-401 and §24 8-408 require the creation of a Board of Trustees in cities in a county having a population of one hundred fifty thousand (150,000) or more to administer a municipal judge and municipal court clerk retirement fund. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby establishes the statutorily required Board of Trustees of the Fayetteville Municipal Judge and Municipal Court Clerk Retirement Fund whose Board shall consist of the Mayor, the City Clerk, the Municipal Judge (now District Judge of Fayetteville), the City Health Officer (when appointed), and City Treasurer (when appointed or elected). Section 1. That the Board of Trustees of the Municipal Judge and Municipal Court Clerk Retirement Fund shall meet and organize itself forthwith, elect one of its members as chair and comply with all statutory requirements found within Subchapter 4 of Chapter 8 of Title 24 of the Arkansas Code. PASSED and APPROVED this the 7th day of January, 2003. ATTEST - By: Heather Woodruff, City Clerk APPROVED: By: DAN COODY, Mayor • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS JUDGE RUDY MOORE, JR. DISTRICT COURT DIVISION August 29, 2002 Honorable Dan Coody City Administration Building 113 West Mountain Fayetteville, Arkansas 72701 Dear Mayor Coody: CHIEF CLERK DENA STOCKALPER Arkansas Code Annotated §24-8-302 requires that the City of Fayetteville establish a District Judge Retirement Board of Trustees consisting of the Mayor, City Clerk, City Treasurer, City Health Officer, and District Judge. The Board of Trustees is to receive and administer funds collected in the retirement fund and has the power to make necessary rules for the administration of the funds. I am providing Kit Williams, City Attorney, a copy of this correspondence so that he might be apprised of the need to establish the Board of Trustees and to perhaps advise your office as to the method by which such Board of Trustees should be established. For example, a Mayor's Directive or Resolution would seem sufficient but Kit might have a different view. Steve Davis of the Office of Budget and Research is familiar with the fund and appears to be the most knowledgeable person in city govemment with regard to District Judge retirement. Perhaps he could serve as a consultant to the Board of Trustees or even be designated as a representative of the "City Treasurer." This matter takes on a bit more significance than normal because the District Judges Association in cooperation with the Supreme Court Administrative Office of the Courts is planning to submit iegislation to the 2003 General Assembly which would establish a District Judge's state retirement system. In past conversations with Steve Davis, I sense that such legislation would be advantageous to the City of Fayetteville as it would relieve the City of any responsibility for maintaining a retirement fund. RM:nm cc. Mr. Steve Davis Mr. Kit Williams Ms. Dena Stockalper 100 8 WEST ROCK 72701 (5011 587.3592